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U.S. v. HERRERA

No. 00-51177.

289 F.3d 311 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael Holguin HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

George McCall Secrest, Jr. (argued), Houston, TX, for Defendant-Appellant.

Before SMITH and DeMOSS, Circuit Judges, and DUPLANTIER, District Judge.

DeMOSS, Circuit Judge:

In a superseding indictment returned on June 21, 2000, Appellant Ismael Holguin Herrera ("Ismael"), along with Octavio Herrera ("Octavio"), Sergio Juarez, Jesus Lucero ("Lucero"), and four other individuals were charged in Count 1 with, from 1986 to on or about December 9, 1999, conspiracy to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Ismael and Lucero were charged in Count 14 for aiding...

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